Posted on: 27th Jul, 2009 06:51 pm
I filed chapter 13, bank had stay lifted when, I continued to go on and recieved a discharge, turned out the mortgae was never recorded, bank tried to sue me to get it recorded, judge said no becuase they couldn't explain why they never recorded.
Can they foreclose on a invalid lien? Since, according to BK rules it would have been unsecured and it was discharged.
Can they foreclose on a invalid lien? Since, according to BK rules it would have been unsecured and it was discharged.
Hi bib!
Welcome to forums!
In my opinion, the bank will not be able to foreclose the property as the mortgage was never been recorded. Thus, it would be considered as an unsecured debt and it should be discharged. However, to be on the safer side, I would suggest you to contact your bankruptcy attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
In my opinion, the bank will not be able to foreclose the property as the mortgage was never been recorded. Thus, it would be considered as an unsecured debt and it should be discharged. However, to be on the safer side, I would suggest you to contact your bankruptcy attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane